K.Iswarya v. R.Saikishore

ORDER This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.94 of 2025 from the file of Sub-Court, Tiruvottiyur, Chennai and transfer the same to Family Court, Thanjavur.

¶2Heard Mr.A.Senthilkumar, learned Counsel for Petitioner and Ms.P.Saranya, learned Counsel for Respondent.

¶3The marriage between Petitioner and Respondent was solemnized on 11.02.2022, according to Hindu rites and customs. Due to difference of opinion, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No.94 of 2025 for divorce before Sub Court, Tiruvottiyur, Chennai. Pleading that wife is residing in Thanjavur and unable to travel from Thanjavur to Tiruvottiyur, Chennai, she has moved this transfer petition.

¶5Learned Counsel for the Petitioner would submit that Petitioner has to be accompanied by her aged parents, who suffer from age related ailments, and that lacks financial support to bear the expenses of attending hearings at the Sub-Court, Tiruvottiyur, Chennai. He would therefore request this Court to transfer the case from the Sub-Court, Tiruvottiyur, Chennai, to the Family Court, Thanjavur.

¶6Ms.P.Saranya, learned Counsel for Respondent, on instructions from Respondent, would submit that Respondent is employed with Southern Railways, Chennai and it would be difficult for him to appear before the Family Court, Thanjavur. Therefore, she requests that Respondent's physical appearance may be dispensed with, except for essential hearings where he agrees to appear in person. Importantly, Respondent has no objection to transfer the case in H.M.O.P.No. 94 of 2025 from the file of Sub-Court, Tiruvottiyur, Chennai, to Family Court, Thanjavur.

¶7It is relevant to note that Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Thanjavur and Tiruvottiyur, Chennai is considerable and since it will be difficult for the wife to travel for attending the Court, I am inclined to allow the petition seeking transfer as prayed for.

¶8In view thereof, HMOP No.94 of 2025 pending on the file of Sub Court, Tiruvottiyur, Chennai, is hereby ordered to be withdrawn and transferred to the file of Family Court, Thanjavur. The Family Court, Thanjavur, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

¶9Family Court may not insist upon the physical presence of husband on all hearing dates and permit to appear through Video Conferencing. For non-essential and procedural hearings, he may be permitted to be represented through a counsel. He shall, however, present himself before the Court, when Trial Court passes a specific order for his appearance or when his presence is indispensable.

¶10With the above observations, the Transfer Petition is allowed. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

27.01.2026 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr To:

1.The Family Court, Thanjavur.

2.The Sub Court, Tiruvottiyur, Chennai. MOHAMMED SHAFFIQ

, J.

Nsr

27.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2026 CORAM: THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD)No.13048 of 2025 K.Iswarya ...Petitioner Vs R.Saikishore ...Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw and transfer the case in H.M.O.P.No.94 of 2025, pending on the file of the Sub-Court, Tiruvottiyur, Chennai and to transfer the same to the Family Court, Thanjavur. For Petitioner : Mr.A.Senthilkumar For Respondent : Ms.P.Saranya